According to Decision 222/QD-BHXH dated February 25, 2021, there have been no adjustments to the procedures for claiming maternity benefits. Thus, the 2014 Social Insurance Law still applies. Female employees should be well-versed in the latest maternity benefit claim procedures to secure their entitlements. We share the most comprehensive and detailed steps to claiming maternity benefits for 2022.
1 What are the procedures for claiming maternity benefits?
Maternity benefit procedures are essential steps that female employees must follow after giving birth.
Maternity benefit procedures are essential steps that female employees must follow after giving birth. It is necessary to prepare a complete dossier as per legal requirements to be eligible for maternity benefits.
2 What are the conditions for claiming maternity benefits?
Article 31 of the 2014 Social Insurance Law stipulates six mandatory beneficiaries of maternity benefits.
According to Article 31 of the 2014 Social Insurance Law, the following six categories of insured workers are entitled to maternity benefits if they meet one of the following conditions:
a) Pregnant female employees;
b) Female employees who have given birth;
c) Female employees who have given birth through surrogacy and the biological mother;
d) Employees who adopt a child under six months old;
e) Female employees who undergo tubal ligation or sterilization;
f) Male employees with social insurance coverage whose wives have given birth.
Among these:
Female employees mentioned in points b, c, and d above must have paid social insurance contributions for at least six months during the 12 months before giving birth or adopting a child.
Female employees mentioned in point b above, who have paid social insurance contributions for at least 12 months, but due to pregnancy complications, must take maternity leave as directed by an authorized healthcare facility. They must have paid social insurance contributions for at least three months during the 12 months before giving birth.
Employees who meet the conditions specified in Articles 32 and 33 and whose employment contracts or work arrangements are terminated before the birth of their child or the adoption of a child under six months old are still entitled to maternity benefits as per Articles 34, 36, 38, and Clause 1, Article 39 of this Law.
3 Procedures for Claiming Maternity Benefits
Step 1 Prepare the dossier for claiming maternity benefits
According to Clause 1, Article 101 of the 2014 Social Insurance Law, the dossier for claiming maternity benefits comprises:
Prepare the dossier for claiming maternity benefits
- A copy of the birth certificate or the child’s health certificate
- In the event of the child’s death, a copy of the death certificate is required. If the mother dies during childbirth, a copy of her death certificate must be provided.
- A certificate from a competent healthcare facility stating the mother’s health condition if she does not fully recover after giving birth.
- A copy of the mother’s medical record or discharge papers if the child dies after birth and a birth certificate has not been issued.
- A certificate from a healthcare facility confirming that a pregnant employee must take leave to care for her health, as per Clause 3, Article 31 of the 2014 Social Insurance Law.
Step 2 Submit the dossier
Female employees who have left their jobs before giving birth should submit their dossiers directly to the social insurance agency.
After completing the dossier, female employees must submit it to their employer within 45 days of resuming work.
Female employees who have left their jobs before giving birth should submit their dossiers directly to the social insurance agency.
Step 3 Dossier Processing
The social insurance agency will process and disburse the benefits upon receiving the dossier.
Upon receiving the complete dossier, the social insurance agency will process and disburse the benefits as per legal regulations within the following time frames:
- Within 10 days from the date of receiving the full dossier for female employees with valid employment contracts
- Within 5 working days for female employees who left their jobs before giving birth. The social insurance agency will process and organize the disbursement of benefits to the employee.
- If the dossier contains incorrect information or if the social insurance agency cannot process it for any reason, they must provide a written response stating the reason.
4 Common Queries about Maternity Benefit Procedures
What is the duration of maternity benefits when giving birth?
Based on Articles 32, 33, 34, 35, 36, and 37 of the 2014 Social Insurance Law, the duration of maternity benefits when giving birth is as follows:
Female employees who give birth are entitled to six months of maternity leave before and after childbirth.
1. Female employees who give birth are entitled to six months of maternity leave before and after childbirth. In the case of twins or more, for each additional child, the mother is entitled to one more month of leave. Moreover, the maximum maternity leave before childbirth is two months.
Note:
– If the child is under two months old and dies after birth, the mother is entitled to four months of leave from the date of childbirth.
– If the child is two months old or older and dies, the mother is entitled to two months of leave from the date of the child’s death, and this period is not counted as personal leave.
– If the mother dies after giving birth, the father or the person directly caring for the child is entitled to maternity benefits as per legal regulations.
– Employees who adopt a child under six months old are entitled to leave until the child reaches six months of age. If both the father and mother are insured and meet the conditions, only one of them is entitled to leave.
For male employees with social insurance coverage whose wives have given birth, the following maternity benefits apply:
a) Five working days;
b) Seven working days if the wife gives birth through surgery or if the child is born before 32 weeks of gestation;
c) In the case of twins, 10 working days; for triplets or more, an additional three working days for each additional child;
d) Fourteen working days if the wife gives birth to twins or more through surgery.
The maternity leave duration specified in this clause is calculated within the first 30 days from the date of the wife’s childbirth.
What is the latest maternity benefit rate?
According to Article 38 of the 2014 Social Insurance Law, the benefit rate is twice the base salary of the month of childbirth or adoption of a child under six months old. This is a one-time benefit for each child.
The benefit rate is twice the base salary of the month of childbirth or adoption of a child under six months old.
If only the father has social insurance coverage, he is entitled to a one-time benefit of twice the base salary for each child in the month of childbirth.
Before July 1, 2020, the base salary was VND 1,490,000 per month, and from July 1, 2020, the base salary is VND 1,600,000 per month. Thus, the one-time benefit for each child has increased by VND 220,000.
For example: Ms. B, who has been insured since January 2020, will receive a one-time benefit of VND 2,980,000 for each child (1,490,000 VND x 2).
If Ms. B gives birth after July 1, 2020, the one-time benefit for each child will be: VND 3,200,000 (1,600,000 VND x 2).
The entitlements of employees receiving maternity benefits are clearly stipulated in Article 39 of the 2014 Social Insurance Law as follows:
- The monthly benefit is equal to 100% of the average monthly salary contributed to social insurance for the six months before taking maternity leave.
- If the employee has contributed to social insurance for less than six months, the benefit rate will be based on the average monthly salary of the insured months.
How is the post-partum convalescence benefit calculated?
The daily post-partum convalescence benefit is equal to 30% of the base salary.
The daily post-partum convalescence benefit is equal to 30% of the base salary.
For births before July 1, 2020, with a base salary of VND 1,490,000 per month, the daily post-partum convalescence benefit is VND 447,000 (1,490,000 VND x 30%).
For births after July 1, 2020, with a base salary of VND 1,600,000 per month, the daily post-partum convalescence benefit is VND 480,000 (1,600,000 VND x 30%).
5 Procedures for Husband to Claim Maternity Benefits
Procedures for the husband to claim maternity benefits if he has social insurance coverage and his wife has given birth
- Birth certificate with the father’s name or health certificate, and household registration book.
- In the event of the child’s death: Death certificate or extract of the death record. Alternatively, a copy of the mother’s medical record or discharge papers if the child dies after birth and a birth certificate has not been issued.
- A certificate from a healthcare facility confirming that the child was born before 32 weeks of gestation or that the birth required surgery (if applicable).
Conditions for the husband to claim maternity benefits: The husband must have social insurance coverage and his wife must have given birth.
Within 45 days of returning to work, the husband should submit the dossier to his employer.
Within 45 days of returning to work, the husband should submit the dossier to his employer (company, enterprise, etc.).
The employer (company, enterprise, etc.) receives the complete dossier from the male employee and, after approval, is responsible for sending the dossier to the social insurance agency within 10 days.
If the dossier is submitted after 55 days from the date the husband returns to work, it will not be processed.
The social insurance agency begins processing the dossier.
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